judicial precedent Flashcards

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1
Q

what is judicial precedent

A

following deceisions made by courts

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2
Q

hierarchy of courts-criminal

A
European court
Supreme court
Court of Appeal
High court
Crown court
Magistrates court
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3
Q

What is an appellate court

A

A court which hears appeals.They can change precedents/ the law.

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4
Q

Which courts are appellate and which are trial?

A

European, Supreme, court of appeal are appellate
High court both
Crown court and magistrates are trial

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5
Q

What is a trial court

A

Courts that hear cases and apply existing law to them.. They can’t change the law

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6
Q

Stare decisis

A

‘let what has been decided stand’ the essence of precedent

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7
Q

Ratio decedendi

A

‘reason for deciding’ the nub of the case

binding part of the judgement

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8
Q

Obiter dicta

A

‘sayings by the way’ Anything in a judgement that is not the ratio

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9
Q

What is it called when an appeal court makes a decision

A

a judgement

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10
Q

What happens when a judgement is made

A

That judgement is written down and may contain the judgements from a number of judges

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11
Q

What 2 things are legally relevant

A

the ‘ratio’ part of the judgement that explains the decision they have made in relation to the facts of the case and the reasons for it. This is the only part that is binding
the ‘obiter’ is everything else in the judgement

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12
Q

Hierarchy of the courts-civil

A
European courts of justice(human rights)
Supreme court
Court of appeal
High court
County court
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13
Q

Precedent in the European court of justice

A

not bound by it’s previous decisions

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14
Q

Precedent in the Supreme court

A

highest domestic court
decisions in the supreme court binding on all other national courts
decisions of the ecj bind rhe supreme court in european law

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15
Q

Cases for precedent in the Supreme court

A

London Street Tramways v. London County Council (1898)
Practice statement 1966
‘Indispensable foundation’
‘…when it appears right to do so’
Only applies to the Supreme Court
Herrington v. British Railways Board (1972) overruled Addie v Dumbreck (1929)
R. v. Shivpuri (1986)- overruled Anderton v. Ryan (1985)

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